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  • Corporate LaBor aND eMpLoYMeNt

    CoUNSeL e x c l u s i v e®

    Join us for an intensive and interactive seminar focused on labor and employment law issues facing today’s in-house counsel.

    california La Quinta ResoRt & CLub

    Palm Springsnovember7-10 2018

    LoCation 49-499 eisenhower Drive La Quinta, California 92253 (760) 564-4111

    Cost $895 per person for clients $1,395 per person for non-clients

    RegistRation see back cover

  • 6:30 – 9:00 p.m. Under the Desert Sky—Reception and Dinner Welcome to Palm springs! Join us for a relaxing start to a great program and connect with colleagues over refreshments and dinner on the stunning main lawn at La Quinta Resort & Club.

    Corporate LaBor aND eMpLoYMeNt

    CoUNSeL e x c l u s i v e®

    gletree Deakins Welcomes You to our sixth annual CoRPoRate LaboR anD emPLoYment CounseL exCLusive seminaR

    novembeR 7, 2018 wednesday

    O

  • gletree Deakins Welcomes You to our sixth annual CoRPoRate LaboR anD emPLoYment CounseL exCLusive seminaR

    thursday novembeR 8, 2018

    7:00 – 8:30 a.m. Registration and Breakfast

    8:30 – 8:45 a.m. Opening and Welcome James M. McGrew (Atlanta) • C. Matthew Keen (Raleigh)

    8:45 – 9:15 a.m. Beltway Buzz: The Midterms Are Over . . . Now What? The midterm elections of November 6, 2018, could alter the political landscape in Washington, D.C. Just two days after the midterms, Ogletree Deakins’ Washington insider and author of the popular Beltway Buzz weekly newsletter, Jim Plunkett, will provide a first look at what the results mean for employers. He will also preview what may be on the horizon for labor and employment law in 2019— and what may be in store for the general elections in 2020. Speaker: James J. Plunkett (Washington, D.C.)

    9:15 – 10:15 a.m. Hairpin Turns and Potholes in Investigations—What Would You Do? Workplace investigations are rarely straightforward and are often fraught with taxing twists and turns for in-house counsel and those performing investigations. Examples of problems that may arise include witnesses or subjects refusing to participate, demanding the presence of counsel, raising workplace violence concerns, or making troubling allegations that may launch additional inquiries. During this session, our speakers will present challenging scenarios often encountered during investigations. Attendees will test their knowledge through polling devices and gain insights on best practices for responding to investigation dilemmas. Speakers: Gregg M. Lemley (St. Louis) • Danielle Ochs (San Francisco) Michele Thatcher, SVP, Chief Counsel Global Human Resources, PepsiCo

    10:15 – 10:30 a.m. Break

    10:30 – 11:00 a.m. keYnote PoLiCYmakeR PeRsPeCtive: nationaL LaboR ReLations boaRD: update From the general Counsel In the past year, there have been many changes at the National Labor Relations Board (NLRB). Peter B. Robb, who began a four-year term as General Counsel of the NLRB in November 2017, will provide his insights about these changes, the Board’s current labor initiatives, and what to expect in 2019.

    Speaker: Peter b. Robb, General Counsel, National Labor Relations Board Moderator: Ruthie L. Goodboe (Detroit (Metro)/Pittsburgh)

    11:00 – 11:45 a.m. Say What? The Intersection of Social and Political Expression and the Workplace Social and political expression in the workplace continues to be an important issue for employers— sometimes putting employers in delicate situations in which they must properly balance expression and response, and even deal with the media and outside interest groups. Issues can involve protests and freedom of expression, civility of discourse, claims of protected concerted activity, retaliation, and more. Join this discussion of key rules and issues regarding social and political expression in the workplace and the parameters of proper responses. Speakers: Heidi Duston, Legal Counsel, Charles Schwab & Co. • David D. Powell (Denver) Brandon M. Shelton (Charlotte/Indianapolis)

    11:45 a.m. – 1:00 p.m. Lunch

  • thursday

    1:00 – 2:00 p.m. BREAKOUT SESSIONS—SERIES 1

    1. Complex Leave Challenges: Round 1—ADA Accommodations Requests for leave as a reasonable accommodation under the Americans with Disabilities Act (ADA) present unique challenges for in-house counsel, who must navigate the ADA’s interplay with existing leave policies and federal and state laws. In-house counsel often face the question of how much leave is too much. Join our session for a discussion of the biggest legal perils, the easiest mistakes to make, and best practices when advising on leaves as reasonable accommodations. Speakers: Michael D. Mitchell (Houston/Miami) • Ellen Toth (Cleveland) Adam S. Wexler, Vice President, Senior Counsel, Take-Two Interactive Software, Inc. 2. Scripts and Scrapes: The Continued Increase of Drugs in the Workplace In-house counsel face myriad issues given the continued proliferation of concerns about legalized marijuana and prescription drugs in the workplace. This session will provide practical steps for implementing effective drug policies, identify whom employers should test, examine pre-employment testing for legalized marijuana, and discuss hypotheticals addressing common issues facing companies. Additionally, the panel will cover new developments in drug testing, the pros and cons of different types of sample testing, and how to effectively work with a medical review officer. Speakers: Laura Bogan, Assistant General Counsel, The Home Depot Rayna H. Jones (Phoenix) • Austin E. Smith (Denver)

    3. Life Is Better at the Beach? Surfing California’s Latest Employment Developments Keeping up with the latest developments affecting California workplaces is a never-ending challenge. The Golden State’s extensive and rigorous employment laws create many traps for unwary employers. This session will provide an overview of recent California employment law developments, including new laws related to applicant hiring, the state’s new independent contractor test, the salary history ban, state and local restrictions on checking criminal histories, local and state parental leave laws, and more. Speakers: Lori A. Bowman (Los Angeles) • Anthony J. DeCristoforo (Sacramento) Jennifer Tsao, Sr. Counsel, Employment, Forever 21

    4. In-House Counsel’s Role in Driving Success in Diversity and Inclusion Many companies are increasing their commitment to diversity and inclusion—and for good reason. Ensuring that these initiatives are well-supported and effective is essential. In-house counsel must work with their companies' executive and HR teams not only to avoid potential liability but to create an environment where employees truly feel welcome and included. This session will address new developments in diversity and inclusion, potential risks, and key ways that in-house counsel can support their companies’ diversity and inclusion initiatives. Speakers: April Miller Boise, SVP, Chief Legal Officer, Meritor • Shafeeqa W. Giarratani (Austin) Michelle P. Wimes (Kansas City)

    5. Stuck in the Middle With You: Managing C-Suite Investigations to Make Your Company Stronger Few matters are more challenging than an investigation of alleged misconduct involving an officer, director, or executive at the highest level of a company. This high-stakes process—often initiated by the board of directors—requires top-level focus and performance grounded in the company’s culture of ethics compliance. If executed effectively, the process can refocus the organization on business objectives and strengthen the enterprise. This session will examine the challenge and provide best practices from start to finish. Speakers: Margaret H. Campbell (Atlanta) • Theresa Donahue Egler (Morristown) Rick Wolf, Principal, Lexakos Consulting

    novembeR 8, 2018 (ContinueD)

  • Corporate LaBor aND eMpLoYMeNt

    CoUNSeL e x c l u s i v e®

    2:00 – 2:15 p.m. Break

    2:15 – 3:15 p.m. BREAKOUT SESSIONS—SERIES 2

    1. Complex Leave Challenges: Round 2—Paid Sick Leave and Family Leave Complying with federal, state, and local paid sick leave laws can be daunting—especially for multistate employers. Whether an employee seeks leave because of his or her own serious illness or to care for a family member (or to welcome a new family member), in-house counsel need to ensure that their companies correctly handle all aspects of the leave process, including tricky issues involving medical inquiries and certifications. This session will provide best practices for guiding organizations safely through the multiplicity of paid sick and family leave laws. Speakers: Amy Fritsky, Deputy General Counsel, Employment and Litigation, Genesis HealthCare, Inc. Tibor Nagy, Jr. (Tucson) • Kenneth B. Siepman (Indianapolis)

    2. Leading the Charge on Pay Equity: How In-House Counsel Can Influence Change With the continued momentum of legislation, regulation, and corporate audit initiatives focused on pay disparities, how can in-house counsel go beyond the numbers to truly influence and support positive changes in their companies? This s

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